Divorce Definitions

Buccal Swab A recognized form of genetic testing used to determine paternity, which involves a q-tip type instrument for collecting saliva from individuals submitting to testing. No-Fault Divorce Many states now permit "no-fault" divorces. No fault" divorce describes any divorce where the spouse suing for divorce does not have to prove that the other spouse did something wrong. All states allow divorces regardless of who is at "fault." Mediation A non-adversarial process in which a neutral third party acts to encourage and help disputing parties reach a mutually acceptable agreement. May not be a good option when domestic violence is present. Custodial parent The parent who has physical custody of the children. Residual Physical Custodial Rights A custody agreement when one parent is awarded visitation by a pre-arranged schedule worked out between the parents or the courts. Alimony A payment made by one spouse to another pending divorce or separation. Legal Separation A court order arranging the terms (custody, support, etc.) under which a married couple will live separately. This addresses the same issues as divorce, but does not completely dissolve the marriage. Divorce agreement A divorce agreement spells out the terms of the divorce and the relationship between the two spouses after the divorce. These agreements usually cover property division, child custody and child plans, debt division, spousal support, and any other relevant issues related to the divorce. Joint custody A form of child custody that grants both parents joint legal custody, joint physical custody, or both joint legal custody and joint physical custody. Annulment The legal dissolution of a marriage. In an annulment, the marriage is treated as though it never existed.

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	Did You Know?
	In divorce actions, mediators often are involved in custody and visitation disputes. In some jurisdictions (particularly large urban areas), courts require mediation of custody and visitation disputes. The mother and father must talk with a court-appointed mediator to try to resolve the problem before putting their case before a judge. The mediator cannot force a resolution, but the parties can be told to try mediation before coming to court to ask a judge to decide the issue.